A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

[Criminal Power] On September 27, 2012, the Defendant was sentenced to one year of imprisonment for fraud and two years of suspended execution at the Seoul Central District Court, and the said judgment became final and conclusive on November 22, 2012.

【Criminal Facts】

The defendant was a person who operated a clothing store called "D" in the 8th floor of Seoul Jung-gu, Seoul.

On April 201, the Defendant: (a) lent 60 million won to the victim E in order to purchase clothing for the operation of a clothing store; (b) transferred the second floor H and I of G building to which the right of lease is delegated by F to the victim E in order to pay KRW 90 million after three months.

However, even if the Defendant did not have any property and borrowed KRW 60 million from the victim, the Defendant did not have sufficient means to repay the loan, and even if the right of lease under the second floor H and I was transferred, the Defendant did not have any intent or ability to repay the loan to the victim.

Nevertheless, as above, the Defendant, by deceiving the victim E and deceiving it from the victim, was obtained on April 25, 201, KRW 30 million from the victim, KRW 30 million on April 26, 201, and KRW 60 million on a total from April 26, 201, and acquired it through the J bank account in the name of the Defendant under the name of the J bank.

Summary of Evidence

1. Partial statement of the defendant;

1. E prosecutorial statement;

1. A copy of a post office account;

1. A letter of performance of confirmation of intention based on the transfer or acquisition of the right of lease of a real estate store;

1. Proxy letter or certificate of personal seal impression;

1. Previous records of judgment: Application of criminal records, inquiry records, and copy of judgment;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances under Article 62(1) of the Criminal Act: the defendant’s age, environment, character and conduct, motive of the crime, means and consequence of the crime, and the circumstances after the crime was committed.

The instant case is a disadvantageous condition.